Criminal Charges Ruled Out Against PM Andrew Holness Following Integrity Commission Report

KINGSTON, Jamaica – Prime Minister Andrew Holness says he will seek legal advice regarding the report of the Integrity Commission (IC) that was laid in the Parliament on Tuesday.

The IC, citing insufficient evidence regarding the non-disclosure of four bank accounts in his asset filings, has ruled out criminal charges against Prime Minister Holness for allegedly making false income declarations.

The ruling, by the IC’s Director of Corruption Prosecutions, Keisha Prince-Kameka, stems from a recommendation by the Commission’s Director of Investigations, Kevon Stephenson, who  had investigated concerns that Prime Minister Holness owned assets disproportionate to his lawful earnings and omitted four joint bank accounts from his statutory declarations between 2019 and 2022.

The investigation was triggered by a September 2022 referral from the commission’s commissioners who had flagged the prime minister’s net worth growth of J$51.6 million(One Jamaica dollar=US$0.008 cents) over five years ending December 2021

“These matters were cleared, as the accounts in question, by my recollection, were dormant, previously reported, and the balance in them were around J$3,000 and Euro 200  (One Euro=US$1.29 cents). Subsequently, my declaration was once again referred for further scrutiny for accuracy and completeness. Other accounts were identified and alleged to be belonging to me, but undeclared,” Holness said.

“Some of these accounts were opened by my parents as far back as 1975 and my name later added, probably while I was still a child. Many Jamaicans add their children to their accounts for survivorship reasons and in the event of emergency.

“I have never claimed this as my assets and I’m satisfied that the Director of Corruption Prosecution ruled that there was insufficient evidence to support claims that I intentionally omitted bank accounts from my declarations, and that there is greater evidence to support my explanation as opposed to evidence to the contrary,”  Holness said noting that no other matter in the report was referred to the Director of Corruption Prosecution.

He said the summary of the report outlined that his personal financial affairs from 2018 to 2023 were examined, including associate private third-party businesses and transactions, but only his 2021 declaration was submitted for investigation.

Holness said that more than 3,600 transactions were examined, 28 bank accounts, and over 80 witness statements collected, adding that the investigation led to the hiring of an international forensic accounting examiner for six months.

“After this most thorough interrogation of my personal affairs, which is not in any way connected to public funds or a benefit resulting from my office, they were unable to conclude regarding illicit enrichment,” Holness said.

Holness has challenged some of the findings in the report, including a conclusion that in 2022, there was unexplained growth in his net worth of J$1.9 million, or less than one per cent of his total net assets.

“I reject this finding based on materiality and significance, and while I have not had a chance to fully review the specifics of their calculations, just a cursory review of their formula, I have seen an error in figures they have used in their calculations, and therefore, I challenge this finding, on incorrect use of data.

“I reject the finding that I acquired an asset for which the source of funds is not adequately explained. The Commission, in its own report, pointed out that this whole episode started with an incorrect statement from a bank. A bank gave a balance verification that I had funds in US dollars, which was incorrect, so too was the asset in question the subject of errors by the financial institution that managed the asset.”

Holness said while he authorised the transaction from the outset of the acquisition of the asset in 2019, he was unaware that the financial institution had assigned an amount in error to his account from an associated company.

“I also reject claims in the report that I have hindered the examination of my declarations by not supplying information requests. Let it be known that I have complied with any obligation placed on me within the law. As far as I am aware, the company with which I am directly associated is compliant and up to date with its filings,” he added.

“I will take legal advice on this report and its recommendations, including recommendations for referral to other entities,” Holness said, adding that he has always sought to discharge his duties with respect and dignity and has never lost focus on ensuring a stable, resilient and growing economy, reducing unemployment, improving our security as a nation, building out infrastructure and providing support for the most vulnerable in our society.

He said that the law governing the Integrity Commission is in urgent need of revision, as the current context of its operations weakens its credibility.

“We must do everything to ensure that the appropriate laws are in place to prevent the politicisation of the Commission and to support the Commission in its work. We must also ensure that the Commission, itself, is efficient and pays due regard to the use of public funds and the time and resources required of public officials to comply,” Holness said, adding that law must ensure that the work of the Commission focuses on relevant, significant and material issues.